GYANVAPI (A Historical Case Study) (By- Anirudh Modi & Upasana Singh)
GYANVAPI
(A Historical Case Study)
Authored By- 1.
Anirudh Modi
2. Upasana Singh
“India has a great heritage and is a model for religious
harmony where people of different religions live peacefully and in harmony.”
-Dalai Lama
Abstract
Kashi Vishwanath Temple is one of the
twelve Jyotirlinga of Lord Shiva Shankara. Kashi Vishwanath was demolished many
times and reconstructed, but the last assault was unrepairable. Just like
Ayodhya, it is also a disputed site. Here Mughal Emperor Aurangzeb had created
a dispute. He demolished Kashi Vishwanath Temple and built a mosque using the
Temple's remains. He named the Mosque: Gyanvapi Mosque. Gyanvapi is a
Sanskrit name which means "well of Knowledge." A new Temple was built
just adjacent to the original Temple (current day mosque).
This research was done to
find out a solution for this issue. In our research work, we dealt with the
history of this Temple to its current status. We also dealt with the legal
fight for land till now. What do Islamic Jurisprudence and Islamic Scholars say
about the existence of a mosque at the disputed site? In research work, we also
found that Places of Worship can be Challenged in a court of law. We have tried
to present all the above concepts in a lucid way so as to present the related
concept in an effective manner. During research work, we found legal issues and
historical facts.
Keywords: Gyanvapi, Kashi Vishwanath temple,
Islamic Jurisprudence
1.
Introduction
Gyanvapi is a Sanskrit name, and its
meaning can be derived from two words “Gyan” means “Knowledge” and “Vapi” means
“Pond," i.e., "well of knowledge." As it is said that there is a
pond of Knowledge[1]. It is
called Gyanvapi. There is an old story about a well dug by Lord Shiva himself.
There are many stories around about the well. This pond is being mentioned in
Puranas. In Linga Purana, the pond is near Kashi Vishwanath Temple; drinking
this water will remove all the sins. Skanda Purana mentions that drinking the
water of this well will increase Knowledge.[2].
Now this pond is inside a mosque because Mughal Emperor Aurangzeb demolished
the original Temple and built a mosque on the remains of the Temple. He named
it Gyanvapi Masjid.
Recently, a petition was filed by
five Hindu women in the local court of Varanasi. They want daily Darshan of
Goddess Shingar Gauri, and not only on the Chaturthi during Navratra once a
Year. They want to worship deities visible and invisible within the old temple
complex of Kashi Vishwanath. The claimed place is inside the Gyanvapi mosque
Premises, i.e. behind the western wall of the Complex.[3].
One of the petitioners, Rakhi Singh, is the national working President of the
Youth Wing of “Vishwa Vedic Sanatan Sangh (VVSS)” and the other four: -
Laxmi Devi, Sita Sahu, Manju Vyas, and Rekha Pathak, are social workers and
Home Maker. All these women reside in Varanasi.
The Varanasi civil court Judge (Senior
Division), Ravi Kumar Diwakar, ordered a videography survey of the Gyanvapi
Mosque to find the truth about the shrine. Respondent, here the management
committee of Anjuman Intezamia Masjid Varanasi, went to Allahabad High Court to
quash the Order given by Lower Court. But High Court rejected the plea, and the
survey went on. The civil court-appointed, Advocate court commissioner Ajay
Kumar assisted by Vishal Singh and Ajay Singh, for the study the Mosque's
premise.[4].
2. Objective
Of This Research
India is the only place in the world
where Temple can be found in every village, colony, city and town. It is being
said that “ Bhagwan Kaan Kaan me baste hai (God resides in every living and
non-living thing)." Love for nature and care for every creature is the
basic principle that can be found in Indian Tradition. Indians considered their
guest as God (Atithi Devo Bhava).
There is no state religion in India because of the secular nature of our
Constitution. Religions like Hindus, Muslims, Sikhs, Jain, Buddhists,
Christianity etc. coexist peacefully. But some past incidence keeps on boiling
since Independence onward. Because of historical wrongs, riots and communal
tension happens between religions. The two prominent religions, Hindus and
Muslims, fight for Temple and Mosque. Ayodhya's verdict dissolved the 134 years
old legal fight.[5]. It is
not just dissolved the legal fight but also maintained the balance between the
two Religion by giving 5 acres of land for the construction of the Mosque[6]
and disputed Land to Hindus[7].
The current uprising of the Gyanvapi and Krishna Janmabhoomi Case again brought
Hindus and Muslims into the arena of dispute and hatred. Demand for the
reconstruction of the Temple and arguments supporting the Mosque is the boiling
issue this summer season. Places of worship again came to light in the Indian
Politics. Its legality is being questioned. Our objective is to find out
whether these issues can be solved or not? We try to find out the middle path
solution in Gyanvapi Case.
2.
History Of Demolition And Reconstruction
Kashi or Varanasi or Banaras is
located on the western bank of the holy river Ganga, one of the oldest living
cities in the world. Kashi means "city of light" or "shining
city." The city is said to be 10,000 years old[8].
Mark Twain, the English author and literature, remarks, "Banaras is older
than history, older than tradition, older even than legend and looks twice as
old as of them put together." Kashi is one of the pilgrimage spots of
Sanatan Dharma. Many people visit Kashi to attend the excellent and auspicious
Ganga Aarti daily. It is believed that those who die in this holy land will
attend salvation and be free from the cycle of birth and death. Lord Shiva, one
of the three Supreme deities of Hindus, himself settled or built this beautiful
city. Varanasi is a centre of Knowledge, philosophy, culture, and Indian arts
and crafts. Kashi Vishwanath Temple is dedicated to Lord Shiva and Goddess
Parvati, one of the twelve Jyotirlingas of Lord Shiva located in the holy city
of Varanasi. Vishwanath means "Lord of Universe." Lord Shiva is the
main deity here, and devotees
worship a Jyotirlinga. The original
Temple was 2050 years old and built by Victorious Chakravarti Samrat
Vikramaditya; Hindus claimed[9].
The Temple was a centre for worship
for crores of Sanatanis, but it was demolished by Islamic invaders four times.
This Temple was first destroyed in 1194 AD by Slave dynasty ruler,
Qutb-al-Din-Aibak[10].
But worship and rituals continued even after that. He not just destroyed a
temple but also vanished a long old civilization. Gujarati Merchants did the
rebuilding of the Temple in around 1230 AD during the reign of Delhi Sultan
Iltutmish. Temple was destroyed a second time during the rule of either Hussain
Shah Sharqi between 1447 and 58 or Sikandar Lodi between 1489 and 1517.
Historians believe that Sikandar Lodi conducted the invasion of the Kashi
Vishwanath temple. Again, the Temple was rebuilt by Raja Man Singh of Amer, and
Raja Todal Mal renovated it in 1585. Both were part of the
"Navratnas" of Mughal Emperor Akbar. The Mughal Emperor Shah
Jahan made the third attack on Temple in 1642[11].
He gave the Order to ruin, but local Hindus protested against this “Farman."
Shah Jahan destroyed small temples around the main temples. In the 17th
century, the Raja of Orchha- Vir Singh Deo- an ally of Jahangir, refurnished
the Temple. The last and final assault on the Temple was done by the Mughal
Emperor Aurangzeb, a sheer hatred of Hindu culture and Tradition. He demolished
the entire Temple, built a Mosque, and named it Gyanvapi Mosque.[12].
Original Jyotirlinga was hidden into the well to protect it during the
invasion. Local stories and priests claim that the prominent priest of the
Temple jumped in the well with the lingam to protect the Jyotirlinga from
invaders[13]. The
remains of the Temple can be seen in the foundation and the western wall of the
Mosque. They also left the Nandi Maharaj (beloved of Lord Shiva) as it is. In
all the temples of Lord Shiva, Nandi Faces toward Lord Shiva, but here Nandi is
facing toward the Gyanvapi mosque[14].
The present Temple, which is standing, is not
the original Temple. In the early 18th century, Raja Jai Singh-II of
Amer, a governor during late Mughal rule, built a new temple near the destroyed
Temple. The Maratha ruler "Malhar Rao Holkar" made a plan to demolish
the Mosque and reconstruct Kashi Vishwanath Temple at the site in 1742. However,
his plan didn’t succeed because of the intervention by the Nawab of Awadh.
Malhar Rao's Daughter-in-law "Ahilyabai Holkar" constructed the
present Temple adjacent to the Mosque. Raja Ranjit Singh of Punjab was given
one ton of gold to cover the domes of the Temple in 1835. That’s why it is also
called as Golden Temple. In the present era, a Kashi Vishwanath Dham corridor
was inaugurated by Prime Minister of India Shree Narendra Modi on December 13,
2021. The project construction was announced on March 8, 2019, and its first
phase completed[16].
4. Legal
History And Claim For Land
The first legal case for the land
claim was filed in 1936 by three Muslim petitioners. They wanted to get the
entire Complex to be part of the Mosque. They produced eleven witnesses for
their claim and fifteen from British Government as evidence. The court
considered facts and evidence and gave the final Order on August 15, 1937. The
court issued Muslims the right to offer Namaz and added that Namaz couldn't be
offered anywhere else in the Complex[18].
The Hindu side filed a petition against the lower court order, but Allahabad
High Court upheld the decision and dismissed the petition in 1942. After a long
time of Independence, the ensuing legal fight for land ownership was started in
October 1991. Hindu petitioners Pandit Somnath Vyas, Dr. Ramrang Sharma and
others filed a case in the local court to reconstruct the Temple. Pandit Vyas
claimed he was a descendent of Kashi Vishwanath Temple, so he would get land
ownership and the right to worship. They argued in front of the court that
"the Places of Worship Act, 1991" didn't apply in this case because
the Mosque was allegedly built on the remains of the Temple, which can still be
seen.
The civil court ruled that the
petition filed by the petitioner will not stand as it violates the Places of
Worship Act,1991. The court concluded the Judgement by citing the section- 4[20]
of the act. A revision petition was filed before the District Court against the
Judgement of the civil court in 1998. District Court ruled that the lower court
can only hear the case after taking the evidence. In 1998, two petitions were
filed against this Order by Anjuman Intezamia Masjid and UP Sunni Waqt Board
Lucknow in the High Court. Allahabad HC stayed the proceeding till 2020. On
March 7, 2000, Pandit Somnath Vyas (one of the claimants in 1991) died. After
20years, Former District Advocated Vijay Shankar Rastogi was appointed as a
litigant in this case. He Argued that Evidence of historical account of Altekar
and Chinese traveller Hiuen Tsang could be considered under the section 57(13)[21]
0f Indian Evidence Act, 1872, they talk about a temple which has 100 feet long
Shiv Linga[22]. In
2020, the civil court said that the lower court could resume proceedings of Gyanvapi
if a stay of HC order is not expressly extended after six months. The hearing
started in the lower court. The Muslim side challenged this move, and HC
reiterated the stay order in February 2020. On March 15, 2021, Allahabad HC
reserved its Judgement on the Muslim's Petitions on the Maintainability of the
suit. Again, the stay order continued. Civil Court of Varanasi gave Order to
the Archaeological Survey of India (ASI) to conduct a Survey of the entire Gyanvapi Mosque on
April 8, 2021[23]. Sunni
Central Waqf Board and Mosque committed went to High Court. On September 9,
2021, High Court stayed the Order and further proceeding in the lower court
because High Court had already reserved the Judgement on March 15, 2021[24].
On March 24, 2022, HC said to hear cases regularly till the conclusion on March
29[25].
HC again adjourned the case till July[26].
5. Present
Issue:- Case, Hearing, Order And Further Proceedings
As the civil court allowed for
videography and sent a court commissioner for a survey. Ajay Kumar, a court
commissioner, was appointed for the survey, but he was alleged to be biased
toward Hindus. Court refused to remove him and continued the survey[27].
Court also told the police to register FIR against those who will oppose the
survey[28].
The Mosque committee went to Supreme Court after HC rejected to hear the matter[29].
Court gave May 16 as the last date for a survey and told us to submit the
report on May 17. The court allowed to open and break any lock inside the
Mosque premise. A survey was conducted and concluded on May 16[30].
A video was leaked, and a Shivling-like structure was found in the ablution
water tank (Wazu Khana[31]).
The mosque caretaker said that it is not a Shivling but Fountain in the Wazu
Khana[32].
The civil court took the matter and sealed the area, and prohibited the entry
of non-Muslim[33]. On May
17, the lower court removed the Ajay Kumar Mishra for leaking a video through a
private channel and gave the other two advocate commissioners:- two more days
to submit documents[34].
On the same day, the Supreme Court bench headed by Justice D Y Chandrachud,
Surya Kant and P.S. Narsimha gave interim Order on this matter[35].
SC on May 17:-
·
Order
area DM to protect the site where Shivling has been found without prohibiting
Muslim right to enter and pray.
·
No
disturbance with Muslim right to pray or religious observance inside the
Mosque.
·
They
should perform Namaaz.
·
A
lower judge ordered that only 20 people would be allowed for prayer. Now, it
will not operate.
·
Didn't
pronounce for the stay on proceeding in a lower court about Gyanvapi Survey[36].
·
The
next hearing is on May 20.
On May 19 (Thursday), SC ordered
Lower to halt the proceeding until the apex took up the case the next day.
Justice P.S. Narasimha said, " this is the time when everyone should
cooperate," speaking from the bench. Meanwhile, the advocate commissioner
submitted 1,500 photographs and 10 hours of videography to the Lower Court.[37].
SC verdict on May 20:-
·
Apex
court held that “ascertaining the religious character of a religious place is
not barred under the Places of Worship Act,1991.”
·
Section
:- 3[38]
of the act don’t bar ascertaining of religious place
·
Hearing
example:- Suppose there is Agiyari ( a Parsi fire temple), and there is a cross
in another segment of the Agiyari in the same Complex.
Does the presence of Agiyari make the cross an
Agiyari?
Does the presence of the cross make the Agiyari a
place of Christian worship?
·
This
kind of hybrid Character is common in India.
·
SC
transferred the case from civil court to District Court. They want a more
senior and experienced judge for this case.[39].
·
Directed
District Magistrate for the arrangement, if not made for Wazu Khana.
·
SC
directed first to hear the Masjid Committee plea.
District Court on May 24:-
·
First,
hear the Muslim plea as directed by SC on May 26 over the Maintainability of a
suit filed by Hindu Plaintiff under Order 7 Rule 11 of Code of Civil Procedure.
·
Directed
both sides to file objections over the commission report over the video survey
within seven days.
May 26 hearing in District Court:-
·
The
Muslim side presented their argument.
·
Masjid
Committee has argued that the suit is barred under the Place of Worship Act.
·
Anjuman
Intezamia Masjid Committee's lawyer Mohammad Tauhid Khan argued that the writ
is not maintainable under Order seven and Rule 11 of the CPC (Civil Procedure
Code); hence it should be dismissed.[40].
·
They
argued that the leaked video.[41] which
Hindus claimed as Shivling is a fountain which
is part of Wazu Khana.
May 30 hearing:-
The Muslim side continued the
argument over the Maintainability of the suit.[42].
District judge Ajay Krishna Vishvesha
posted the next hearing on July 4, and the Muslim side will continue the
arguments on the Maintainability of the suit.[43].
6. Legality of Places of Worship Act,
1991?
Places of Worship Act, 1991[44]
was enacted during the Ayodhya Dispute under Narasimha Rao's government. Its
main objective is to stop legal proceedings of cases related to changes like
the religious place. This act came into force in July 1991.
·
Section
4(1) of the act says that religious place will be maintained as it was on
August 15, 1947.
The places of Worship Act excluded
the Babari Masjid dispute from its ambit because the matter was before the
Independence.
·
Section
4(2) says that A proceeding claiming the conversion of a religious place took
place after August 15, 1947, should be disposed of in the same manner as
section 4(1) by ensuring the Character of the religious site as it existed on
August 15, 1947.
·
The
conversion of a religious place in any matter is prohibited under section:- 3
of the act.
SC on places of worship Act, 1991 on
May 20:-
Ø Section:- 3 doesn't bar from
ascertaining the religious Character of the place of worship- SC observed.
Ø The presence of the cross will not
make an article of Christian faith into an article of the Zoroastrian faith.
Nor does an article of Zoroastrian faith make it a structure of Christian
faith.
Ø
It is not written in
the act of 1991 that the court can't ascertain a Places of Worship of different
Religion.[45].
A videography survey conducted by a
civil court is not a violation of the 1991 act. This act can be declared null
and void if the apex court wants. This act violates the fundamental rights of
article 25[46] and 26[47]
of Hindus. Hindus have been praying there for thousands of years without any
stoppage. This act will not apply in this case because the Temple was partially
demolished, and its remains can also be seen now.
7. Existence of Gyanvapi Mosque in
the context of Islamic Jurisprudence
Every Religion has a place where
people of Religion go and pray. Like Sikhs go to Gurudwara to offer prayers,
Hindus go to Temple…
Mosque in Islamic Jurisprudence:-
Ø A person of Muslim faith outlined in
the Holy Quran does not permit the construction of a mosque on the site of a
temple after demolishing the Temple.
Ø Aurangzeb never dedicated the Mosque
to almighty Allah. It was just a showcase of power over the other.
Ø A mosque must be constructed in peace
and near a site where Muslims have a larger population.
Ø According to the Tenets of Islam, they
say that a mosque can't be built where the Temple surrounds it.
In this case, Gyanvapi is surrounded
by temples. Everyday Temple creates Bhajan and kirtan, music, and the sound of
Conch shells or Ghanta Ghariyalis, which always disturb the peace of the
Mosque.
Ø A mosque can't stand on other
religious foundations, but the Gyanvapi mosque stands on the remains of the
Temple.
Mohammad Idris (PW -10)
Ø A building builds on someone's land
is not a mosque under Islam. So, there is no question of legality or illegality
of land.
Ø Demolishing any Place of Worship is
prohibited in Islam.
Ø A mosque can be built on the debris
of another religion after buying that debris. But a mosque can't be made by
forcibly grabbing debris of structure.
Mohd Khalid Nadvi (PW-22)
Ø Indeed, a mosque can't be constructed
by forcibly demolishing a temple; similarly, a mosque can't be built by
forcibly acquiring a place of worship[48].
Under the Islamic Jurisprudence,
Gyanvapi Mosque is against Islam, and it is also against the principles of
Islam.
In an SC case, it was held that
Mosque is not an essential part of Islam to perform Namaaz. Muslims can offer
Namaaz anywhere, in open places as well.[49].
8. Conclusion
There is a
long history in which Hindus have been persecuted in their own land for 800 years[50]. During the Islamic invasion, their temples were destroyed, women got
raped, and men were treated as enslaved people. Sikhs lost their Gurus. In the
research work, we found that Gyanvapi Mosque is Un-Islamic. Islamic
jurisprudence, Islamic scholars said that a mosque couldn't exit at the
disputed site. We also found that the Mosque committee doesn't have documents
for the land to prove the ownership.[51]. During our research, we found that Places of worship can be challenged
in court because it is against the fundamental right of the Indian
Constitution. Our research work (based on apex court judgement) also found that
ascertaining a religious place is not violating the 1991 act. Apart from all
these, the Gyanvapi mosque and Kashi Vishwanath temple can be seen as a symbol
of the peaceful existence of two religions which promote brotherhood and unity.